LCWRA AND DEBT — Scope | Disability forum
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LCWRA AND DEBT

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Sd2010
Sd2010 Community member Posts: 1 Listener
in Universal Credit (UC)
Hello all myself and husband are on uc I work part time and husband has been off with disabilities for almost 2 years partner has finally won his tribunal for LCWRA been almost year on 21st April since his first refusal. My question is if he is due backdated payments can this be taken of a an over payment debt that I have had in the past and not him?  
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    He should be due arrears of LCWRA. If you haven’t had one applied already a Work Allowance will also be applied to the claim which means that some of your earnings will be ignored. That means that you will be owed arrears of earnings deductions previously taken.

    The claim is a joint claim so the arrears belong to you both. As far as I can see the arrears can be taken to pay off your debt.
    5.52 Where arrears are due following a successful appeal on a joint claim then arrears may be withheld to recover any debt owed by either member of the couple. 

    Does he claim PIP?

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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